Common use of Favored Nations Clause in Contracts

Favored Nations. The Union reemphasizes its longstanding commitment that the ILWU will make no agreements with nonmembers of PMA which will disadvantage companies working under the agree- ments between the PMA and the ILWU Xxxxxxxxx Division. 70 ADDENDA EMPLOYER CONTRIBUTION TO 401(k) SAVINGS PLAN The Employers agree to contribute to a fund each year of this Agreement an amount sufficient to provide to the 401(k) account of each registered Walking Boss/Xxxxxxx a contribu- tion of $4.00 per hour for hours paid by PMA Member Com- panies for work at Walking Boss/Xxxxxxx occupation codes in the previous contract year up to a maximum of 2,800 hours to those who have established a pension qualifying year. The contribution will be made to each account as soon as practicable following the end of each contract year. This fund will terminate on July 1, 2002. This is subject to the limitations imposed by Sections 401(a), (k) and (m) of the Internal Revenue Code and any oth- er applicable IRS and ERISA regulations. GUARANTEES FOR ALL WALKING BOSSES/FOREMEN Memorandum of Understanding, November 1, 1996 Foremen shall be paid at the appropriate shift and skill rates of pay in accordance with the PCWB&FA and the provisions herein. Individual side agreements between individual em- ployees or local Union officials and individual member com- panies shall be considered a Contract violation. Any disputes shall be subject to resolution through the Contract grievance machinery. The contractual recognition that walking bosses/foremen are direct supervisory representatives of the employers and that walking bosses/foremen must be available to their em- ployer as determined by their employer in accordance with Section 3.2 of the PCWB&FA shall remain unchanged. 71 LETTERS OF UNDERSTANDING July 23, 1981 Xx. Xxxxxxx X. Nelson Chairman Walking Bosses/Foremen Negotiating Committee RE: AREA ARBITRATORS Dear Xx. Xxxxxx: During the course of the 1981 ILWU/PMA negotiations the Union raised the matter of the Area Arbitrators being required to confine themselves to the ILWU/PMA Pacific Coast Walk- ing Bosses and Foremen’s Agreement when deciding issues that arise under that Agreement. We agree, that with respect to issues involving Walking Bosses/Foremen, the authority of the Arbitrators shall be lim- ited to the application and interpretation of the Pacific Coast Walking Bosses and Foremen’s Agreement and supplements thereto. Very truly yours, X. X. Xxxxxxxxx cc: Area Arbitrators Coast Arbitrator 72 LETTERS OF UNDERSTANDING July 23, 1981 Xx. Xxxxxxx X. Nelson Chairman Walking Bosses/Foremen Negotiating Committee EMPLOYMENT OF WALKING XXXXXX/FOREMEN AS SUPERINTENDENTS Dear Xx. Xxxxxx: In our 1981 negotiations, you raised the subject of the Em- ployers’ position on the hiring of walking bosses or foremen as superintendents. This is to advise you that we are unaware of any Employer position or policy opposed to such hiring prac- xxxx. We therefore assume that any walking bosses or foremen applications for such jobs will be considered objectively and without any trace of discrimination. With respect to preserving and continuing those ILWU/PMA pension and welfare credits or benefits a success- ful applicant might have had while in the bargaining unit and prior to being hired as a superintendent, PMA will not oppose the preservation and continuation of such credits or benefits, and indeed PMA will do what may be required legally to achieve that goal. Very truly yours, X. X. Xxxxxxxxx 73 LETTERS OF UNDERSTANDING July 23, 1981 Xx. Xxxxxxx X. Nelson Chairman Walking Bosses/Foremen Negotiating Committee SUPERINTENDENTS Dear Xx. Xxxxxx: During the course of the ILWU/PMA Walking Bosses/Fore- men negotiations, the Union complained that Superintendents employed by member companies have been violating the ILWU/PMA Pacific Coast Walking Bosses and Xxxxxxx’s Agreement by performing work defined in Section 1.1 of the Contract as being within the jurisdiction of Walking Bosses/Foremen. We have an obligation under this Agreement to assure that, in the direction and supervision of all work as defined in Sec- tion 1 of the Pacific Coast Walking Bosses and Foremen’s Agreement, Superintendents will not encroach upon the cus- tomary duties assigned to Walking Bosses/Foremen. Very truly yours, X. X. Xxxxxxxxx 74 LETTERS OF UNDERSTANDING August 12, 1981 Xx. Xxx Xxxxxxx, President ILWU Local 98 000 Xxxxx Xxxxxx, Xx. Seattle, Washington 98109 SAUSE BROS. BARGES LETTER OF UNDERSTANDING Dear Xx. Xxxxxxx:

Favored Nations. The Union reemphasizes its longstanding commitment that the ILWU will make no agreements with nonmembers of PMA which will disadvantage companies working under the agree- ments between the PMA and the ILWU Xxxxxxxxx Division. 70 ADDENDA EMPLOYER CONTRIBUTION TO 401(k) SAVINGS PLAN The Employers agree to contribute to a fund each year of this Agreement an amount sufficient to provide to the 401(k) account of each registered Walking Boss/Xxxxxxx a contribu- tion of $4.00 per hour for hours paid by PMA Member Com- panies for work at Walking Boss/Xxxxxxx occupation codes in the previous contract year up to a maximum of 2,800 hours to those who have established a pension qualifying year. The contribution will be made to each account as soon as practicable following the end of each contract year. This fund will terminate on July 1, 2002. This is subject to the limitations imposed by Sections 401(a), (k) and (m) of the Internal Revenue Code and any oth- er applicable IRS and ERISA regulations. GUARANTEES FOR ALL WALKING BOSSES/FOREMEN Memorandum of Understanding, November 1, 1996 Foremen shall be paid at the appropriate shift and skill rates of pay in accordance with the PCWB&FA and the provisions herein. Individual side agreements between individual em- ployees or local Union officials and individual member com- panies shall be considered a Contract violation. Any disputes shall be subject to resolution through the Contract grievance machinery. The contractual recognition that walking bosses/foremen are direct supervisory representatives of the employers and that walking bosses/foremen must be available to their em- ployer as determined by their employer in accordance with Section 3.2 of the PCWB&FA shall remain unchanged. 71 LETTERS OF UNDERSTANDING July 23, 1981 Xx. Xxxxxxx X. Nelson Chairman Walking Bosses/Foremen Negotiating Committee RE: AREA ARBITRATORS Dear Xx. Xxxxxx: During the course of the 1981 ILWU/PMA negotiations the Union raised the matter of the Area Arbitrators being required to confine themselves to the ILWU/PMA Pacific Coast Walk- ing Bosses and Foremen’s Agreement when deciding issues that arise under that Agreement. We agree, that with respect to issues involving Walking Bosses/Foremen, the authority of the Arbitrators shall be lim- ited to the application and interpretation of the Pacific Coast Walking Bosses and Foremen’s Agreement and supplements thereto. Very truly yours, X. X. Xxxxxxxxx cc: Area Arbitrators Coast Arbitrator 72 LETTERS OF UNDERSTANDING July 23, 1981 Xx. Xxxxxxx X. Nelson Chairman Walking Bosses/Foremen Negotiating Committee EMPLOYMENT OF WALKING XXXXXX/FOREMEN AS SUPERINTENDENTS Dear Xx. Xxxxxx: In our 1981 negotiations, you raised the subject of the Em- ployers’ position on the hiring of walking bosses or foremen as superintendents. This is to advise you that we are unaware of any Employer position or policy opposed to such hiring prac- xxxx. We therefore assume that any walking bosses or foremen applications for such jobs will be considered objectively and without any trace of discrimination. With respect to preserving and continuing those ILWU/PMA pension and welfare credits or benefits a success- ful applicant might have had while in the bargaining unit and prior to being hired as a superintendent, PMA will not oppose the preservation and continuation of such credits or benefits, and indeed PMA will do what may be required legally to achieve that goal. Very truly yours, X. X. Xxxxxxxxx 73 LETTERS OF UNDERSTANDING July 23, 1981 Xx. Xxxxxxx X. Nelson Chairman Walking Bosses/Foremen Negotiating Committee SUPERINTENDENTS Dear Xx. Xxxxxx: During the course of the ILWU/PMA Walking Bosses/Fore- men negotiations, the Union complained that Superintendents employed by member companies have been violating the ILWU/PMA Pacific Coast Walking Bosses and Xxxxxxx’s Agreement by performing work defined in Section 1.1 of the Contract as being within the jurisdiction of Walking Bosses/Foremen. We have an obligation under this Agreement to assure that, in the direction and supervision of all work as defined in Sec- tion 1 of the Pacific Coast Walking Bosses and Foremen’s Agreement, Superintendents will not encroach upon the cus- tomary duties assigned to Walking Bosses/Foremen. Very truly yours, X. X. Xxxxxxxxx 74 LETTERS OF UNDERSTANDING August 12, 1981 Xx. Xxx Xxxxxxx, President ILWU Local 98 000 Xxxxx Xxxxxx, Xx. SeattleXxxxxxx, Washington 98109 Xxxxxxxxxx 00000 SAUSE BROS. BARGES LETTER OF UNDERSTANDING Dear Xx. Xxxxxxx:

Favored Nations. The Union reemphasizes its longstanding commitment that the ILWU will make no agreements with nonmembers of PMA which will disadvantage companies working under the agree- ments between the PMA and the ILWU Xxxxxxxxx Division. 70 ADDENDA EMPLOYER CONTRIBUTION TO 401(k) SAVINGS PLAN The Employers agree to contribute to a fund each year of this Agreement an amount sufficient to provide to the 401(k) account of each registered Walking Boss/Xxxxxxx a contribu- tion of $4.00 per hour for hours paid by PMA Member Com- panies for work at Walking Boss/Xxxxxxx occupation codes in the previous contract year up to a maximum of 2,800 hours to those who have established a pension qualifying year. The contribution will be made to each account as soon as practicable following the end of each contract year. This fund will terminate on July 1, 2002. This is subject to the limitations imposed by Sections 401(a), (k) and (m) of the Internal Revenue Code and any oth- er applicable IRS and ERISA regulations. GUARANTEES FOR ALL WALKING BOSSES/FOREMEN Memorandum of Understanding, November 1, 1996 Foremen shall be paid at the appropriate shift and skill rates of pay in accordance with the PCWB&FA and the provisions herein. Individual side agreements between individual em- ployees or local Union officials and individual member com- panies shall be considered a Contract violation. Any disputes shall be subject to resolution through the Contract grievance machinery. The contractual recognition that walking bosses/foremen are direct supervisory representatives of the employers and that walking bosses/foremen must be available to their em- ployer as determined by their employer in accordance with Section 3.2 of the PCWB&FA shall remain unchanged. 71 LETTERS OF UNDERSTANDING July 23, 1981 Xx. Xxxxxxx X. Nelson Chairman Walking Bosses/Foremen Negotiating Committee RE: AREA ARBITRATORS Dear Xx. Xxxxxx: During the course of the 1981 ILWU/PMA negotiations the Union raised the matter of the Area Arbitrators being required to confine themselves to the ILWU/PMA Pacific Coast Walk- ing Bosses and Foremen’s Agreement when deciding issues that arise under that Agreement. We agree, that with respect to issues involving Walking Bosses/Foremen, the authority of the Arbitrators shall be lim- ited to the application and interpretation of the Pacific Coast Walking Bosses and Foremen’s Agreement and supplements thereto. Very truly yours, X. X. Xxxxxxxxx cc: Area Arbitrators Coast Arbitrator 72 LETTERS OF UNDERSTANDING July 23, 1981 Xx. Xxxxxxx X. Nelson Chairman Walking Bosses/Foremen Negotiating Committee EMPLOYMENT OF WALKING XXXXXXBOSSES/FOREMEN AS SUPERINTENDENTS Dear Xx. Xxxxxx: In our 1981 negotiations, you raised the subject of the Em- ployers’ position on the hiring of walking bosses or foremen as superintendents. This is to advise you that we are unaware of any Employer position or policy opposed to such hiring prac- xxxx. We therefore assume that any walking bosses or foremen applications for such jobs will be considered objectively and without any trace of discrimination. With respect to preserving and continuing those ILWU/PMA pension and welfare credits or benefits a success- ful applicant might have had while in the bargaining unit and prior to being hired as a superintendent, PMA will not oppose the preservation and continuation of such credits or benefits, and indeed PMA will do what may be required legally to achieve that goal. Very truly yours, X. X. Xxxxxxxxx 73 LETTERS OF UNDERSTANDING July 23, 1981 Xx. Xxxxxxx X. Nelson Chairman Walking Bosses/Foremen Negotiating Committee SUPERINTENDENTS Dear Xx. Xxxxxx: During the course of the ILWU/PMA Walking Bosses/Fore- men negotiations, the Union complained that Superintendents employed by member companies have been violating the ILWU/PMA Pacific Coast Walking Bosses and XxxxxxxForemen’s Agreement by performing work defined in Section 1.1 of the Contract as being within the jurisdiction of Walking Bosses/Foremen. We have an obligation under this Agreement to assure that, in the direction and supervision of all work as defined in Sec- tion 1 of the Pacific Coast Walking Bosses and Foremen’s Agreement, Superintendents will not encroach upon the cus- tomary duties assigned to Walking Bosses/Foremen. Very truly yours, X. X. Xxxxxxxxx 74 LETTERS OF UNDERSTANDING August 12, 1981 Xx. Xxx Xxxxxxx, President ILWU Local 98 000 Xxxxx Xxxxxx, Xx. SeattleXxxxxxx, Washington 98109 Xxxxxxxxxx 00000 SAUSE BROS. BARGES LETTER OF UNDERSTANDING Dear Xx. Xxxxxxx: